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Section 8: Distraint when to be made

The Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)State Act of Kerala · Act 1 of 1960

{1) If any instalment payable under a mortgage executed m favour of the Central Mortgage Bank or a pnmary mortgage bank or any part of such instal­ ment has remamed unpaid for more than one month from the date on which 1t fell due, the Board or the Committee may, m addition to any other remedy available to them, apply to the Registrar or to any other person appointed by the Government under sectwn 3 of the Travancore-Cochin Co-operative Socidies Act, 1951, or under section 3 of the .Madras Co-operative Societies Act, 1932, to assist the Registrar. for the recovery of such instalment or part by distramt and sale of the produce of the mortgaged land mcluding the standing crops thereon. On receipt of such application the Registrar or such other per~on may, notwithstanding anytlung contamed in the Transfer of Property Act, 1882, ( 4 of 1882) , take such action as is necessary to distrc.in and sell such produce:

Provided that no distraint shall be made after the expiry of twelve months from the date on wh1ch the mstalmen fell due.

{2) The distress shall not be excessive ; the value of the property distra1ned shall be, as nearly as poss1ble, equal to the amount due and the expenses of the distraint and the costs of the sale.

Where this provision sits

ActThe Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)
Section8
Marginal noteDistraint when to be made
JurisdictionState of Kerala
StatusIn force as published by the source

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